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Eyewitness testimony

Eyewitness testimony is the account a bystander gives in the courtroom, describing what that person observed that occurred during the specific incident under investigation. This recollection is used as evidence to show what happened from a witness’ point of view.

Memory recall has been considered a credible source in the past, but has recently come under attack as forensics can now support psychologists in their claim that memories and individual perceptions are unreliable; being easily manipulated, altered, and biased.

Many U.S. states are now attempting to make changes in how eyewitness testimony is presented in court. Eyewitness testimony is a specialized focus within cognitive psychology.

Coffee Burns

In 1992, 79 year old Stella Liebeck bought a cup of coffee from a McDonald’s in New Mexico, spilled it on her lap, suffered multiple third-degree burns, and required skin grafts on her inner thighs and elsewhere. She subsequently sued McDonald’s.

Although the jury found Liebeck to be partly responsible for her injuries, based on evidence that McDonald’s coffee was unreasonably hot and had caused other injuries in the past, the jury decided to award Stella the equivalent of two days’ worth of coffee sales revenue for the entire restaurant chain. Some of the evidence presented at the trial includes:

1) An engineer from the University of Texas and the editor-in-chief of the Journal of Burn Care and Rehabilitation both testified that the risk of harm from the coffee was unacceptable.

2) An expert witness testified that the number of burns the coffee caused was insignificant compared to the number of cups of coffee sold every year.

3) A McDonald’s quality assurance manager testified that the coffee at the serving temperature was not fit for consumption because it would burn the throat.

4) After several other similar lawsuits, McDonald’s knew about the risk of serious burns from its coffee, but did not warn customers of the risk.

6th Amendment

The Bill of Rights are first ten amendments to the U.S. Constitution which guaranty personal freedoms and limit governmental powers. The Sixth Amendment states:

„In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.“

The following part of the Sixth Amendment is named the confrontation clause: “In all criminal prosecutions, the accused shall enjoy the right … to be confronted with the witnesses against him.”

The Confrontation Clause has its roots in both English Common Law, protecting the right of cross-examination, and Roman Law, which guaranteed persons accused of a crime the right to look their accusers in the eye.

According to the Bible, Acts 25:16, the Roman Governor Festus, discussing the proper treatment of his prisoner, Paul, stated: “It is not the manner of the Romans to deliver any man up to die before the accused has met his accusers face-to-face, and has been given a chance to defend himself against the charges.“

trial of the century

The O.J. Simpson Trial (1994–1995): Known as the “trial of the century,” this highly publicized courtroom drama saw both prosecution and defense present their cases openly, with the accused and accusers present. The trial was televised, and the process was marked by direct confrontation and cross-examination, embodying the American value of open, adversarial hearings .

6th Amendment, again

The Sixth Amendment states: „In all criminal prosecutions, the accused shall enjoy the right … to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, ….“

For Americans, whether in the legal system or in the workplace, the right to a hearing is fundamental. The hearing allows for the parties in conflict to make their arguments and counter-arguments. It is the beginning of the formal process of conflict resolution. Americans expect the team lead to call a hearing quickly.

In a fair hearing the conflict parties have the opportunity to present evidence – including witnesses – and to discover what evidence is brought against them. The hearing also allows for questioning (cross-examination) of the opposing party‘s witnesses. A hearing is only fair if it is administered by an impartial third party.

In the American business context the manager, as judge, may resolve the conflict based on those arguments and counter-arguments, or use the hearing as a basis for further investigation into the reasons for the conflict.

Because American managers are responsible for the results their teams produce, they focus on maintaining internal team cohesion. Conflict of any kind threatens cohesion. After having learned of an internal conflict, American managers are inclined to call the conflict parties together at very short notice. That first hearing is direct, informal and personal. The manager wants to „get to the bottom of the problem.“

Litigious

Litigious: To be litigious means to argue, to contend, to take your dispute to the courts. American society has become very litigious. With a population of roughly 310 million people, the U.S. has 1.2 million attorneys, 200 law schools, graduating approximately 45,000 lawyers each and every year. The court of law is where conflict is resolved.

How conflict is resolved is foundational to any society. It is a system for balancing out conflicting interest. Conflict resolution is so central to our daily lives, in so many or our interactions, that we are continuously fascinated by how they play out.

This fascination is the reason why many movies and television shows are based on the law and legal proceedings. Among the most popular in the U.S. were: L.A. Law (1986-94), the classic Perry Mason (1957-66), The Defenders (1961-65), Law & Order (1990-2010).

The popularity of these shows has led to the reality court room shows, a combination of reality television and the workings of the American legal system. The best known are Judge Judy, The People‘s Court and Divorce Court.

Magistrate

The German State of Thüringen (Thuringia) analyzed aspects of its judicial system. It recommended that magistrates (judges) hold separate hearings with the parties in conflict. Separate hearings are considered to be “besonders hilfreich” – especially helpful.

Many attorneys were quoted praising the advantages of separate hearings: “loose, relaxed atmosphere; room to discuss matters other than the conflict itself; each side feels they are taken seriiously; an opportunity to present one’s viewpoint without the other party attacking it; creates a constructive communication climate.”

One of the magistrates underscored the value of holding separate hearings: “For me the most important part of the mediation is the hearing with each party separately. Points are made which are very important to the respective conflict party, points which helped me to better understand the nature of the conflict and which led us to a breakthrough.”

Sworn Testimony

During a hearing, called by their boss, Americans are careful, factual, cooperative. Most importantly they are discreet. Anger, impatience, any lack of self control is considered to be unprofessional.

The boss listens carefully to what each party to the conflict claims. In a formal hearing, within the legal system, parties providing testimony first swear that they will provide „the truth, the whole truth, nothing but the truth.“

The consequences for lying – perjury – are serious: a felony which can lead to a prison sentence for up to five years.

Perjury: the voluntary violation of an oath or vow either by swearing to what is untrue or by omission to do what has been promised under oath; false swearing.

American managers take very seriously their obligation, duty, responsibility to resolve conflicts within their organizations. Any attempt by a conflict party to manipulate that process is punished quickly and severely.

caucuses

Separate Interviews and Flexibility: Mediation sessions in Germany can involve joint meetings but also frequently include separate discussions (so-called “caucuses”) with each party. This allows the mediator to address sensitive issues privately, minimize escalation, and help parties express concerns without direct confrontation . The process is tailored to the needs of the parties, and mediators are trained to manage dynamics that could increase tension if parties were forced into direct, head-to-head exchanges .

“Let’s clear the air.”

“Let’s clear the air.” Suggests addressing conflict or misunderstanding openly, often in a group or face-to-face setting.